City of West Plains

Board of Adjustment

The Board of Adjustments is a five-member body appointed by the mayor and approved by the city council. Up to three alternates may be appointed to step in when needed, and vacancies are filled for the remainder of the term. Its primary role is to hear and decide matters related to zoning, building, housing, fire prevention, electrical, plumbing, and mechanical codes, and it also serves as the official board of appeals when someone challenges a decision made by city officials. The board meets as needed.

MEMBERS AND TERMS

  • Ray Williams – Term expiring April 2028
  • Jenny Long – Term expiring April 2028
  • John Adamson – Term expiring April 2028
  • Brenda Smith – Term expiring April 2028
  • Kerry Ogden – Term expiring April 2028
  • VACANT – Alternate
  • VACANT – Alternate
  • VACANT – Alternate

 

GOVERNING LEGISLATION

DIVISION 2. – BOARD OF ADJUSTMENTS
 
Sec. 2-213. – Established; general duties.
 

There is hereby established a board of adjustments which shall hear and decide all matters as provided by the zoning regulations, building code, electrical code, fire prevention code and housing code.

(Code 1976, § 2-286; Code 2002, § 2-251; Ord. No. 4480, exh. A(2-213), 2-21-2017)

DIVISION 1. – GENERALLY
 
Sec. 50-31. – Board of adjustments.
 

(a) A board of adjustments is hereby established. The term “board” when used shall be construed to mean the board of adjustments. The board shall consist of five members, all of whom shall be appointed by the mayor and approved by the city council. The terms of office of the members of the board shall be staggered periods of five years. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the mayor and city council upon written charges and after public hearing.

(b) The board shall elect its own chairperson and vice-chairperson who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect this chapter and the amendments thereto.

(c) The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building and zoning officer, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variations.

(d) Every change granted or denied by the board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the board shall be made a part of any building permit in which variation is allowed.

(Code 2002, § 102-36; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-31), 12-20-2017)

ARTICLE V. – MECHANICAL CODE
 
DIVISION 1. – GENERALLY
 
Sec. 10-150. – Board of adjustments to be board of appeals.
 

The board of adjustments as created by section 2-213 shall constitute the board of appeals provided for in the heating, ventilation, and air conditioning mechanical code.

(Code 1976, § 6-112; Code 2002, § 18-174; Ord. No. 4475, exh. A(10-150), 12-19-2016)

DIVISION 2. – ELECTRICAL CODE
 
Sec. 10-248. – Board of adjustments to be board of appeals.
 

The board of adjustments as created by section 2-213 shall constitute the board of appeals provided for the electrical code.

(Code 1976, § 10-1.1; Code 2002, § 18-272; Ord. No. 4475, exh. A(10-248), 12-19-2016)

ARTICLE VIII. – PLUMBING
 
DIVISION 1. – GENERALLY
 
Sec. 10-418. – Board of adjustments to perform duties of board of appeals.
 

The duties and powers of the board of appeals as provided for in the plumbing code adopted in section 10-417 shall be performed by the board of adjustments as provided in section 2-213.

(Code 1976, § 25-1.1; Code 2002, § 18-462; Ord. No. 4475, exh. A(10-418), 12-19-2016)